PROBLEMATIKA ANAK YANG BERHADAPAN DENGAN HUKUM ( ABH ) DALAM PERKARA KECELAKAAN LALU LINTAS

Authors

  • Rismansyah Universitas Kutai Kartanegara

Abstract

In juvenile cases, especially traffic accident cases, it is obligatory to conduct diversion because every case of children who are subject to 7 years of imprisonment is obliged to do diversion because it is a diversion of settlement of children's cases from criminal justice process to non-criminal justice process. both at the level of investigation, prosecution and at the district court level as stated in Article 7 paragraph (1). The Diversion Agreement is carried out by the Investigator on the recommendation of the Community Advisor, which can take the form of recovery of losses in the event of a victim, medical and psychosocial rehabilitation, return to parents / guardians, participation in education or training in educational institutions or LPKS for a maximum of 3 (three) months; or community service for a maximum of 3 (three) months. Meanwhile the results of the Diversion agreement may take the form of, among others: peace with or without compensation, return to parents / guardians, participation in education or training in educational institutions or LPKS for a maximum of 3 (three) months; or community service. The factor that causes the diversion agreement to fail is because the perpetrator's family (child) is unable to meet the requirements (compensation) proposed by the victim because the compensation desired by the victim is very large, especially in terms of maintenance costs and replacement costs for repairing damaged motor vehicles while the perpetrator or perpetrator's guardian is classified as incapable so that the diversion agreement cannot be reached.

Keywords : Law, son, traffic

Downloads

Published

2020-11-28

Issue

Section

Articles